State v. Vielma
2012 Ohio 875
Ohio Ct. App.2012Background
- Mary A. Vielma was indicted in Paulding County on one count of domestic violence (fourth-degree felony) under R.C. 2919.25(A),(D)(3).
- Mary pled not guilty at arraignment on Oct. 25, 2010.
- A stipulation allowed introduction of Mary’s polygraph results at trial (Feb. 23, 2011).
- Jury trial occurred Mar. 22, 2011; the jury found Mary guilty; conviction entered Apr. 11, 2011.
- Sentence imposed May 12, 2011: three years community control with conditions (jail time, DV or mental health program, sobriety, no contact with victim, $250 fine).
- On June 14, 2011, Mary appealed raising four assignments of error; the court affirmed the conviction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Self-defense instruction should have been given | Vielma | Vielma argues trial court erred by not instructing self-defense | Not plain error; court affirmed (self-defense not supported by evidence that she hit first). |
| Polygraph and prior DV conviction instructions were required | State | Vielma claims Souel and limiting instruction were needed | Not plain error; instructions not required given substantial other evidence of guilt. |
| Recall of Puckett to correct testimony was improper | State | Vielma asserts recall was erroneous | No abuse of discretion; recall to clarify testimony did not prejudice the outcome. |
| Cumulative errors denied due process | State | Cumulative error prejudicial | No reversible cumulative error; conviction affirmed. |
Key Cases Cited
- State v. Thompkins, 78 Ohio St.3d 380 (1997) (weigh evidence for manifest weight; deference to trier of fact credibility)
- State v. DeHass, 10 Ohio St.2d 230 (1967) (weight and credibility are for jury; test for manifest weight)
- State v. Souel, 53 Ohio St.2d 123 (1978) (polygraph testimony admissibility; jury determinations of weight)
- State v. Gibson, 8th Dist. No. 92275, 2009-Ohio-4984 (2009) (prior domestic-violence conviction as element for enhanced penalty; limiting instruction not plain error when substantial other evidence)
- Belanger, 2010-Ohio-5407 (2010) (self-defense standard; need not show death threat for nondeadly force)